Category: law reports

Lawrence v. Pembrokeshire County Council – Times Law Reports

Posted May 29th, 2007 in child abuse, duty of care, law reports, local government by sally

Parent is owed no duty of care by children’s social workers

Lawrence v. Pembrokeshire County Council 

Court of Appeal

“The right to respect for family life, guaranteed by article 8 of the European Convention on Human Rights, did not outweigh the duty of a local authority to protect children at risk by placing them on the Child Protection Register.”

The Times, 29th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

C plc and Another v. P – Times Law Reports

Posted May 29th, 2007 in disclosure, law reports, self-incrimination by sally

Civil search order discloses potential criminal liability

C plc and Another v. P

Court of Appeal

“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”

The Times, 29th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

O’Connor and Others v. Wiltshire County Council – Times Law Reports

Posted May 29th, 2007 in law reports, local government, roads by sally

County’s duty as highway authority

O’Connor and Others v. Wiltshire County Council

Court of Appeal

“A county council could not contract out its liability to maintain a public highway even if the highway had been constructed by someone who had not been a highway authority and contribution towards the costs of the construction of the road had been made by a third party.”

The Times, 28th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v. Musone – WLR Daily

Posted May 29th, 2007 in evidence, law reports by sally

R v. Musone [2007] EWCA Crim 1237

“Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v. Tirnaveanu – WLR Daily

Posted May 29th, 2007 in bad character, law reports by sally

R v. Tirnaveanu [2007] EWCA Crim 1239 

“Evidence of misconduct by a defendant was evidence “to do with” the alleged facts of the offence with which the defendant was charged and therefore excluded from the definition of bad character in s 98(a) of the Criminal Justice Act 2003, if it had some nexus in time with that offence.”

WLR Daily, 24th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. – WLR Daily

Posted May 29th, 2007 in landlord & tenant, law reports by sally

Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. [2007] EWCA Civ 499 

“It was not within the contemplation of the Leasehold Reform, Housing and Urban Development Act 1993 that the leaseholder of a long lease of a building, which included multiple flats and common parts, came within the expression “a qualifying tenant of a flat” in s 56(1) so as to be able to exercise a statutory right to acquire a new long lease of a flat in the leased building, and the landlord of such a leaseholder was not bound to grant a new long lease.”

WLR Daily, 24th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Charman v. Charman – WLR Daily

Posted May 29th, 2007 in divorce, law reports by sally

Charman v. Charman

“In ancillary relief proceedings where the court was carrying out the statutory exercise under s 25 of the 1973 Act, consideration of the “sharing principle” was no longer required to be postponed until the end of the statutory exercise, and sharing had become a principle rather than a ‘yardstick for use as a check’.”

WLR Daily 24th May 2007

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Baia and another) v. Secretary of State for the Home Department – WLR Daily

Posted May 29th, 2007 in human rights, immigration, law reports, marriage by sally

R (Baia and another v. Secretary of State for the Home Department

“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Dunwoody Sports Marketing v. Prescott – Times Law Reports

Posted May 25th, 2007 in civil procedure rules, law reports, substitution by sally

Substitution of party

Dunwoody Sports Marketing v. Prescott

Court of Appeal

“The court had power to order substitution of a new party for an existing party or joinder of a party to an action after judgment had been given.”

The Times, 25th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Posted May 25th, 2007 in EC law, law reports, waste by sally

Escaped sewage was ‘discarded’ waste

Regina (Thames Water Utilities Ltd.) v. Bromley Magistrates Court, Environment Agency, interested party Case C-252/05

Court of Justice of the European Communities

“Waste water which accidentally escaped from a sewerage system was discarded by the sewerage management undertaking and was waste within the EC Waste Directive.”

The Times, 25th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Wolverhampton City Council v. Special Educational Needs and Disability Tribunal and Another – Times Law Reports

Posted May 25th, 2007 in appeals, law reports, local government, special educational needs by sally

Appeal still available

Wolverhampton City Council v. Special Educational Needs and Disabilty Tribunal and Another

Queen’s Bench Division

“Where, even though a local authority’s educational responsibility for a child had lapsed, the council had made a decision to end the statementing of a child then that decision was open to appeal.”

The Times, 25th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v. Hendy-Freegard – WLR Daily

Posted May 25th, 2007 in kidnapping, law reports, misrepresentation by sally

R v. Hendy-Freegard [2007] EWCA Crim 1236

“The offence of kidnapping was not committed where a defendant, by a fraudulent misrepresentation, induced a person to make a journey which did not deprive him of his liberty.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Framlington Group Ltd. and another v. Barnetson – WLR Daily

Posted May 25th, 2007 in contract of employment, law reports, privilege by sally

Framlington Group Ltd. and another v. Barnetson [2007] EWCA Civ 502

“An employee’s discussions with his employer about the scope of his entitlement on the employment contract were inadmissible as ‘without prejudice’ communications even though at the time they occurred there was no litigation in prospect and no basis for litigation at the time they took place.”

WLR Daily, 24th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for Defence v. Pensions Appeal Tribunal – WLR Daily

Posted May 25th, 2007 in appeals, armed forces, law reports, time limits, war pensions by sally

Secretary of State for Defence v. Pensions Appeal Tribunal

“Notification requirements contained in s 9 of the Pensions Appeals Tribunals Act 1943 relating to rights of appeal from decisions of the Secretary of State for Defence on war pensions claims made pursuant to the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983, and to the time limits for such appeals, did not require the provision of a single document but could be fulfilled by the provision of a letter enclosing a leaflet to which reference was made,.nor was it necessary to state the date on which the time limit for the bringing of an appeal expired. Provided the information was reasonably clear, a notice specifying that notice of appeal must be given within a specified period of a specified date sufficed. A failure to comply strictly with the requirements of s 9 did not preclude the relevant time limits for appeals from starting to run.”

WLR Daily, 18th May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – WLR Daily

Posted May 25th, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498

“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kay v. Commissioner of Police of the Metropolis – WLR Daily

Posted May 25th, 2007 in law reports, police, public order, roads by sally

Kay v. Commissioner of Police of the Metropolis

“Since no fixed route was followed the monthly mass cycle rides through central London could not be considered commonly or customarily held processions and therefore the organisers were required to give the police prior notice of the names of organisers, date and start time and intended route.”

WLR Daily, 21st May 2007

Source: www.lawreports.co.uk 

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

House of Lords Judgments: What’s new?

Posted May 24th, 2007 in law reports by sally

Ceredigion County Council (Respondents) v. Jones (FC) and others (FC) (Appellants) [2007] UKHL 24 (23rd May 2007)

Boake Allen Limited and others (Appellants) v. Her Majesty’s Revenue and Customs (Respondents) [2007] UKHL 25 (23rd May 2007)

Source: www.parliament.uk

Daily Telegraph Law Reports, 24th May 2007

Posted May 24th, 2007 in law reports by sally

Edwards v. Edwards & Others

Buckley v. Dalziel & Anr

Lawrence v. Pembrokeshire CC

R (IPCC) v. Chief Constable of West Mercia & Anr

Mead & Anr v. Babington & Anr

Walker v. Birmingham CC

Daily Telegraph, 24th May 2007

Source: www.telegraph.co.u

Please note that the Daily Telegraph Law Reports are only available online for one week.

Regina (Jones) v. Ceredigion County Council (No. 2) – Times Law Reports

Posted May 24th, 2007 in appeals, jurisdiction, law reports by sally

Applicant free not to pursue appeal to House of Lords

Regina (Jones) v. Ceredigion County Council (No. 2)

House of Lords

“Where the House of Lords gave an applicant for a leapfrog appeal from the High Court permission to appeal on terms as to the issues which could be argued or as to costs, it was open to that applicant to decline to proceed and instead to pursue an appeal before the Court of Appeal.”

The Times, 24th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Boake Allen Ltd. v. Revenue and Customs Commissioners – Times Law Reports

Posted May 24th, 2007 in corporation tax, double taxation, law reports by sally

Tax statute is not discriminatory

Boake Allen Ltd. v. Revenue and Customs Commissioners

House of Lords

“Section 247 of the Income and Corporation Taxes Act 1988, by denying companies with foreign parents the right to make a group income election allowing a subsidiary company to pay dividends to a parent company free of advance corporation tax, did not infringe the nondiscrimination articles of the double taxation agreements between the United Kingdom and the United States, or between the UK and Japan.”

The Times, 24th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.